STAR AUTO SALES OF QUEENS, LLC v. FILARDO

2019-05817. Index No. 717443/17.

203 A.D.3d 865 (2022)

165 N.Y.S.3d 100

2022 NY Slip Op 01476

Star Auto Sales of Queens, LLC, Doing Business as Star Subaru, Appellant, v. Douglas Filardo et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 9, 2022.


Attorney(s) appearing for the Case

Milman Labuda Law Group, PLLC, Lake Success, NY ( Joseph M. Labuda , Jamie S. Felsen , Jeremy M. Koufakis , and Gregory C. Brown, Jr. , of counsel), for appellant.

Douglas Filardo, Westhampton, NY, respondent pro se and for respondent Subaru Motorsports.

Duffy, J.P., Barros, Rivera, and Roman, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the defendants' motion which were pursuant to CPLR 3211(a)(5) to dismiss the second, third, fourth, fifth, sixth, eighth, tenth, and twelfth causes of action as barred by the statute of limitations, and pursuant to CPLR 3211(a)(7) to dismiss the fourth, sixth, eighth, and twelfth causes of action, are denied.

In December 2017, the plaintiff, a car dealership...

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